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My mother died and left me her house in her will. She disinherited my only sibling in the will also.

Whittier, CA |

My question is can the executor give my sibling a portion on my mothers assets if it specifically says I get everything?

Attorney Answers 2


The executor's job is to carry out the wishes of the testator (the person who made the will). While there are various sorts of discretion accorded to the executor, the executor is not free to change the terms of the will or to substitute his or her judgment for the plain terms of the will.

Good luck to you.

Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.

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I agree with Mr. Haber. The executor cannot substitute his/her judgment for your mother's. If your mother disinherited your sibling, then the only way your sibling ***might*** receive something is if she files a lawsuit (alleging that someone "unduly influenced" your mother, or there was fraud, or some other very difficult-to-prove situation) and wins.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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